Order No: 4 Date:23/09/2024
Today is fixed for filing show-cause by the complainant. The complainant side is found present and ready and has filed fresh vokalatnama alongwith show-cause. Let the vokalatnama be kept with the record. Grounds stated in the show-cause petition are found satisfactory and so it is accepted.
Complainant side is found ready for admission hearing. Heard Ld. Advocate for the complainant side. Considered submission.
Perused the complaint petition and the documents which have been filed.
After going through the materials of the case record, it is reflected that some important documents such as Insurance Premium, Insurance Policy etc. have not been filed in spite of getting sufficient opportunity. Moreso, on close examination of the materials of the case record it is revealed that the complainant impliedly adopted the plea of practicing fraud, cheating, criminal breach of trust, criminal conspiracy etc. for which a FIR has been lodged at Jagatballavpur P.S. being No.162/2023 dated 23/06/2023 for the offences under Section 406, 419, 420, 467, 468, 120B of I.P.C., 1860. In this regard it is important to note that in summary trial it is no possible to determine as to whether the above noted offences have been practiced at the time of initiation of the Insurance Policy or not?
All the above noted factors are clearly reflecting that the complainant has failed to establish prima facie case. So, this case is not admitted. Thus, it is dismissed. No order is passed as to cost.
Dictated & corrected by me.
President